Karnataka High Court
State Of Karnataka vs Dr.Rajesh Suguru S/O Gangadhar Suguru on 6 June, 2025
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CRL.A No.100221 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO.100221 OF 2020
BETWEEN:
STATE OF KARNATAKA
REPRESENTED BY THE
POLICE SUB-INSPECTOR,
GANDHINAGAR POLICE STATION,
DIST: BALLARI, THROUGH THE
ADDL. STATE PUBLIC PROSECUTOR,
ADVOCATE GENERAL OFFICE,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
...APPELLANT
(BY SRI. M.B. GUNDAWADE, ADDL. SPP.)
AND:
1. DR. RAJESH SUGURU
S/O. GANGADHAR SUGURU
AGE ABOUT: 34 YEARS,
OCC: LECTURER IN TARANATH,
GOVT. AYURVEDIC MEDICAL COLLEGE
AND HOSPITAL, BALLARI,
R/O: SATHYA SAI COLONY, BALLARI-585401.
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CRL.A No.100221 of 2020
2. GANGADHAR SUGURU
S/O. SIDDAPPA SUGURU
AGE: ABOUT 65 YEARS,
3. SMT. PUSHPAVATHI
W/O. GANGADHAR SUGURU
AGE: ABOUT 60 YEARS,
BOTH ARE R/O: H.NO.9-12-429,
8TH CROSS, VIDYANAGAR COLONY,
BIDAR-585401.
...RESPONDENTS
(BY SRI. V.M. SHEELVANT, ADV. FOR R1 TO R3.)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(1) AND (3) OF CR.P.C. SEEKING TO GRANT LEAVE TO
APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL
DATED 31.10.2019 PASSED BY THE II ADDITIONAL DISTRICT
AND SESSION JUDGE, BALLARI IN S.C. NO.35/2014 AND SET
ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED
31.10.2019 PASSED BY THE II ADDITIONAL DISTRICT AND
SESSION JUDGE, BALLARI IN S.C. NO.35/2014 AND CONVICT
AND SENTENCE THE RESPONDENT/ACCUSED FOR THE
OFFENCES PUNISHABLE UNDER SECTION 304(B) R/W.
SECTION 34 OF IPC AND UNDER SECTION 3 AND 4 OF DOWRY
PROHIBITION ACT.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 22.03.2025, COMING ON FOR
"PRONOUNCEMENT OF ORDERS" THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
AND
HON'BLE MR. JUSTICE G BASAVARAJA
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CRL.A No.100221 of 2020
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE G BASAVARAJA) State has preferred this appeal against the judgment and order of acquittal dated 31st October 2019, passed in SC No.35 of 2014 by the II Additional District & Sessions Judge at Bellary (for short, hereinafter referred to as the "trial Court").
2. For the sake of convenience, the parties in this appeal are referred to as per their rank and status before the trial Court.
3. Brief facts leading to this appeal are that the Deputy Superintendent of Police, City Sub-Division, Bellary submitted charge-sheet against the accused for commission of offence punishable under section 304B read with Section 34 of Indian Penal Code and under Sections 3 & 4 of Dowry Prohibition Act, 1961 (for short hereinafter referred to "DP Act"). It is alleged that accused No.1 is the husband of the deceased and accused 2 & 3 are parents of accused No.1. Marriage of Accused No.1 with Dr. Roopa was solemnized on 6th May 2011, Sindol Kalyana Mantapa, Bidar. At the time of marriage, accused No.1 received Rs.3.00 lakh cash and five tolas of gold ornament as dowry. It is alleged that after the marriage, accused No.1 -4- CRL.A No.100221 of 2020 subjected Dr. Roopa to cruelty by harassing her mentally and physically demanding to bring additional dowry from parents' house. Dr. Roopa, unable to tolerate the harassment of the accused, on 27th December 2012 between 5.00 and 5:30 PM committed suicide by hanging herself to the ceiling fan with the help of veil in the house of accused No.1. Accordingly, accused have committed offence punishable under Section 304B read with Section 34 of Indian Penal Code and Sections 3 & 4 of DP Act.
4. After filing charge sheet, the jurisdictional magistrate has taken cognizance against accused for alleged commission of offences and a case was registered in CC No.1052 of 2013.
After committal to Sessions Court, case came to be registered in SC No.35 of 2014. Upon hearing charges, the learned Session Judge framed charges against accused for the offence punishable under Section 304B read with section 34 of Indian Penal Code and Sections 3 & 4 of DP Act. The same were read over to the accused and explained in the language known to them. Having understood the charges, accused pleaded not guilty and claimed to be tried.
-5- CRL.A No.100221 of 20205. To prove the case of the prosecution, in all, fourteen witnesses were examined as PWs1 to 14, 25 documents were marked as Exhibits P1 to P25 and eight material objects have been marked as MOs1 to 8. On closure of prosecution side evidence, statement of the accused under Section 313 of Code of Criminal Procedure came to be recorded. Accused have totally denied the evidence of prosecution witnesses, but have not chosen to lead any defence evidence on their behalf.
Accused have submitted written statement and documents.
Having heard the arguments on both sides, the trial Court acquitted the accused. Being aggrieved by the judgment and order of acquittal, State has preferred this appeal.
6. Sri M.B. Gundwade, learned Additional State Public Prosecutor appearing for the State, would submit that the judgment and order of acquittal is contrary to law, facts and evidence on record and hence is not sustainable in the eye of law and the same is liable to be set aside. It is submitted that PW1-complainant is the father of the deceased, PWs3, 4, 5 & 7 are brother, sister, mother and the relative of the deceased respectively. PW8 is the independent witness who has categorically and specifically deposed before the trial Court regarding the marriage talks and also as to payment of cash -6- CRL.A No.100221 of 2020 and gold ornaments as dowry at the time of marriage, as also, with regard to payment of amount to the accused on different dates after the marriage, upon demand of additional dowry. All these witnesses have consistently and categorically stated before the Court regarding payment of dowry and gold ornaments, and also as to demand of additional dowry from the parents of the deceased. He would submit that the trial Court has not properly appreciated the evidence on record in its proper perspective and thereby erred in acquitting the respondents-accused. He would further submit that the trial Court disbelieved the evidence of prosecution witnesses on the ground that there are material contradictions, improvements and omissions in the evidence of prosecution witnesses.
Contradictions and improvements are quite common because of the capacity of a particular individual in grasping the facts, so also retention and reproduction differs from person to person, is the submission of the learned Addl SPP. The trial Court, by giving much importance to those minor contradictions, has rejected the truthful version of the prosecution witnesses and acquitted the accused. He would submit that the learned trial Judge acquitted the accused on the ground that PWs1 to 5 are relatives and interested witnesses. The trial Court ought to -7- CRL.A No.100221 of 2020 have scrutinized the evidence with great care and caution and failure to consider the same has resulted in miscarriage of justice. The reasoning assigned by the trial Court is not sustainable as the relationship, per se, is not fatal to the case of prosecution. It is further submitted that it is impractical and unnatural to accept the independent eyewitness for an incident which had occurred within the four walls of the house. The evidence of relatives of the deceased is admissible in evidence.
PWs1 to 5 have categorically and consistently stated on oath before the trial Court regarding payment of Rs.3.00 lakh cash and five tola of gold ornament as dowry to the accused and ten tola of gold ornament to their daughter, at the time of marriage. The said aspect has not been properly read and appreciated by the trial Court and thereby erred in acquitting the accused. It is further submitted that the incident had occurred within a year and four months from the date of marriage that too in the house of the accused, which is an unnatural death and the same were within the personal knowledge of the accused and the burden is on the accused to explain as to under what circumstance the deceased committed suicide, and failure to explain the same, would result in drawing adverse inference and presumption against the accused as -8- CRL.A No.100221 of 2020 provided under Section 113B of the Indian Evidence Act and under Section 304B of Indian Penal Code. Respondents have not explained the same with cogent, believable and probable evidence and failure to consider those aspects is illegal, and therefore, the judgment of acquittal is not sustainable and is liable to be set aside. On all these grounds, the learned Additional State Public Prosecutor sought to allow the appeal.
7. On the other hand. Sri V.M. Sheelavant, learned Counsel appearing for the accused would support the Judgment and Order of acquittal and submitted that the trial Court has properly appreciated the evidence on record in accordance with law and facts. The accused have produced 131 documents to rebut the presumption under Section 113B of the Indian Evidence Act, 1872. He would submit further that, first of all, the prosecution has failed to establish the preliminary burden which is cast upon the prosecution to prove that the accused have committed the alleged offences. The learned Counsel would submit that PW1 has not produced any document with regard to purchase of gold ornaments and furniture, as is alleged by him. The receipts produced by the prosecution with respect to purchase of furniture are all fabricated and the same are purchased prior to marriage. He would further submit that -9- CRL.A No.100221 of 2020 accused No.1 has opened bank account in the name deceased and the deceased was nominee in all other Accounts and the accused No.1 was paying instalments to the builder and has purchased the furniture to the Clinic on his own. All education expenses of deceased Dr.Roopa, his brother and sister are met by accused No.1, even prior to and after the marriage. Accused 2 & 3 were residing separately and they are having several properties in their names. Further, the complainant has not produced source of income for payment of the dowry as alleged. Perusal of defence documents clearly speak that accused 1 to 3 are financially sound and accused No.1 has spent more money on the deceased. There are no corroborative and incriminating materials available to prove that the accused had demanded dowry prior to and after the marriage. Taking into consideration all these defence evidence on record and appreciating the same in accordance with law and facts, the trial Court has acquitted the accused. Absolutely, there are no material to interfere with the impugned judgment and order of acquittal. On all these grounds, he sought for dismissal of the appeal.
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CRL.A No.100221 of 20208. Having heard the learned, counsel for the parties and on perusal of materials on record, the following points would arise for our consideration:
1. Whether the impugned judgment passed by the Trial Court suffers from legal infirmities requiring this Court to intercede?
2. What order?
9. Our finding to the above points are as under:
Point No.1 - In the negative;
Point No.2 - As per final order.
10. Before adverting to the actual facts of the case and appreciation of evidence, it is necessary to refer the dictum of Hon'ble Supreme Court regarding scope and power of Appellate Court in appeal against the order of acquittal.
11. In the case of MOTIRAM PADU JOSHI & OTHERS v.
STATE OF MAHARASHTRA reported in 2018 SCC ONLINE SC 676, at paragraph 23 of the judgment, it is held thus:
"23. While considering the scope of power of the appellate court in an appeal against the order of acquittal, after referring to various judgments, in Chandrappa v. State of Karnataka (2007)4 SCC 415, this Court summarised the principle as under:-
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"42. From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge:
(1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded.
(2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law.
(3) Various expressions, such as, "substantial and compelling reasons", "good and sufficient grounds", "very strong circumstances", "distorted conclusions", "glaring mistakes", etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal. Such phraseologies are more in the nature of "flourishes of language" to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion.
(4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to
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him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court.
(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court."
12. In the case of MUNISHAMAPPA & OTHERS v. STATE OF KARNATAKA & CONNECTED APPEALS reported in 2019 SCC ONLINE 69, at paragraph 16 of the judgment it is held as under:
"16. The High Court in the present case was dealing with an appeal against acquittal. In such a case, it is well settled that the High Court will not interfere with an order of acquittal merely because it opines that a different view is possible or even preferable. The High Court, in other words, should not interfere with an order of acquittal merely because two views are possible. The interference of the High Court in such cases is governed by well- established principles. According to these principles, it is only where the appreciation of evidence by the trial court is capricious or its conclusions are without evidence that the High
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Court may reverse an order of acquittal. The High Court may be justified in interfering where it finds that the order of acquittal is not in accordance with law and that the approach of the trial court has led to a miscarriage of justice. ..."
13. In the case of HARI RAM & OTHERS v. STATE OF RAJASTHAN reported in 2000 SCC ONLINE 933, at paragraph 4 of the judgment, it is observed thus:
"4. Mr. Sushil Kumar Jain, the learned Additional Advocate General for the State of Rajasthan on the other hand contended that the power of the High Court while hearing an appeal against an order of acquittal is in no way different from the power while hearing an appeal against conviction and the Court, therefore was fully justified in re-appreciating the entire evidence, upon which the order of acquittal was based. The High Court having examined the reasons of the learned Sessions Judge for discarding the testimony of PWs 6 & 7 and having arrived at the conclusion, that those reasons are in the realm of conjectures and there has been gross miscarriage of justice and the mis-appreciation of the evidence on record is the basis for acquittal, was fully entitled to set aside an order of acquittal and no error can be said to have been committed. It is too well settled that the power of the High Court, while hearing an
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appeal against an acquittal is as wide and comprehensive as in an appeal against a conviction and it had full power to re- appreciate the entire evidence, but if two views on the evidence are reasonably possible, one supporting the acquittal and the other indicating conviction, then the High Court would not be justified in interfering with the acquittal, merely because it feels that it would sitting as a trial court, have taken the other view. While re- appreciating the evidence, the rule of prudence requires that the High Court should give proper weight and consideration to the views of the learned trial Judge. But if the judgment of the Sessions Judge was absolutely perverse, legally erroneous and based on wrong appreciation of the evidence, then it would be just and proper for the High Court to reverse the judgment of acquittal, recorded by the Sessions Judge, as otherwise, there would be gross miscarriage of justice...."
14. In the case of STATE OF RAJASTHAN v. KISTOORA RAM reported in 2022 SCC ONLINE 684, at paragraph 8 of the judgment it is held as under:
"8. The scope of interference in an appeal against acquittal is very limited. Unless it is found that the view taken by the Court is impossible or perverse, it is not permissible to interfere with the finding of acquittal. Equally if two views are
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possible, it is not permissible to set aside an order of acquittal, merely because the Appellate Court finds the way of conviction to be more probable. The interference would be warranted only if the view taken is not possible at all."
15. In the case of MAHAVIR SINGH v. STATE OF MADHYA PRADESH reported in (2016)10 SCC 220, at paragraph 12 of the judgment, it is observed thus:
"12. In the criminal jurisprudence, an accused is presumed to be innocent till he is convicted by a competent court after a full-fledged trial, and once the trial court by cogent reasoning acquits the accused, then the reaffirmation of his innocence places more burden on the appellate court while dealing with the appeal. No doubt, it is settled law that there are no fetters on the power of the appellate court to review, reappreciate and reconsider the evidence both on facts and law upon which the order of acquittal is passed. But the court has to be very cautious in interfering with an appeal unless there are compelling and substantial grounds to interfere with the order of acquittal. The appellate court while passing an order has to give clear reasoning for such a conclusion."
16. On scrutiny of the entire evidence placed on record, it is an admitted fact that the marriage between the accused
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CRL.A No.100221 of 2020No.1 and the deceased-Dr. Roopa was solemnized on 6th May, 2011 at Sindol Kalyana Mantapa, Bidar. It is also not in dispute that the deceased-Roopa committed suicide on 27th December, 2012 at about 5:30 PM in the House of accused No.1, i.e. within 1 year 7 months and 27 days after marriage.
17. With regard to offence punishable under Sections 3 & 4 of DP Act is concerned, it is stated in the complaint-Exhibit P1 that prior to marriage, during the marriage talks, parents of the deceased have agreed to pay an amount of Rs.3.00 lakh cash and five tolas of gold ornaments to accused No.1 as dowry and 10 tolas of gold ornaments to the deceased and accordingly, they have given the same to accused No.1.
Further, it is alleged that after marriage for one or the other reason, accused No.1 pestered/demanded the deceased for bringing additional dowry. Accused 2 & 3, being parent-in-laws of the deceased were also demanding for bringing additional dowry. It is also stated in Exhibit P1 that the complainant PW1- Shivakumargouda, prior to four months from the date of incident, took accused No.1 and deceased Roopa to Hyderabad and at the request of Rajesh, he has purchased a furniture worth of Rs.1.50 lakh, to open a Clinic. Further, one month prior to the date of incident, accused-Dr Rajesh has demanded
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CRL.A No.100221 of 2020three lakhs for Masters course of deceased-Roopa and the complainant has given Rs.3.00 lakh to Roopa.
18. CW5-Jayashree @ Swetha the elder sister of deceased, CW6-Mallikarjunagouda, the younger brother of the deceased and CW4-Sharada, mother of the deceased are examined as PWs3 to 5 respectively. They have deposed on the same lines as deposed by PW1.
19. Having gone through the depositions of the witnesses, now, we have to analyze the same. Before appreciation of evidence and record, it is necessary to refer to the provisions of Sections 113A and 113B of Indian Evidence Act, 1872. The same read as under:
"113A. Presumption as to abetment of suicide by a married women:
When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstance s of the case, that such suicide had been abetted by her husband or by such relative of her husband.
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Explanation - For the purposes of this section, "cruelty"
shall have the same meaning as in Section 4.
113B. Presumption as to dowry death:
When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.
Explanation.- For the purposes of this section, "dowry death" shall have the same meaning as in section 304B of the Indian Penal Code 45 of 1860.]"
20. Since there is a statutory presumption under Sections 113A and 113B of Indian Evidence Act, it is necessary to examine the rebuttal material placed by the accused. In the written statement, accused No.1 has stated as under:
"42. That, the accused No.1 after recording 313 Statement has filed his written statement stating that he was working as Assistant Professor (Lecturer) at Tarnath Government Ayurvedic Medical College, Ballari since 2007 February. That, the deceased Dr.Rupa also studied BAMS course at Taranath Government Ayurvedic Medical College, Ballari during the year 2002 to 2008 and completed her housemen ship (Intership) of one year from 2008 to 2009 at same Taranatah Government Ayurvedic Medical College, attached
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hospital. (Documents enclosed with Sl.No.1, 3, 4 and Page No.1, 3, 4).
2. That, during her final year studies and her housemen ship she became very closely acquainted with him, later on fructified into marriage. That, she used to approach him and share almost all issues with him on several occasions in respect of her studies, clinical practice and personal problems as well as about her family problems.
3. That, Dr.Rupa had requested him to visit their house ad therefore, he proceeded to Raichur from Gulbarga. That, from 31.11.2007, 01.12.2007 and 02.12.2007 "Bharathiya Chikista Darshana" 3 days National Conference had been convened at Ballari Basava Bhavan, which was organized by Dr.Eswara Reddy Memorial Foundation and Taranath Government Ayurvedic Medical College, Ballari. Hence, he being one of the staff of Taranath Government Ayurvedic Medical College, Ballari. That, he was entrusted with the responsibility to go personally and invite all staff and students of Ayurvedic Medical College situated at Bidar, Gulbarga and Mavi (Raichur). (Documents enclosed with Sl.No 5 and Page No.5,6,7)
4. That, as he hailed from Bidar City, so first he went to Bidar on 1111.2007 and visited two Ayurvedic Medical Colleges. Next day,i.e., on 12.11.2007 early hours of morning he left to Gulbarga to visit Hingulambika Ayurvedic College,
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where Dr.Nagaraj Sajjan accompanied him as he was native of Gulbarga and later he dropped him to Gulbarga Railway Station.
5. That, on the same day i.e., on 12.11.2007, he proceeded to Raichur. At the Raichur Railway Station, Mallikarjun (Kiran) PW.4, younger brother of Dr.Rupa took him to his house. At the house of Dr.Rupa, he was introduced to her family members and also brought Shankar Lingashetty i.e., CW.No.21 and his wife Smt.Umadevi from Chowdapur, Gulbarga District. When he checked Shankar Lingashetty and gone through his reports, He came to know that it was a known case of bronchial carcinoma and he advised him to come to Ballari after the completion of "Bharathiya Chikista Darshana" the 3 days National Conference for medical treatment. Thereafter, Dr.Rupa's mother Smt.Sharadai.e., PW.5 asked him to speak with her elder daughter Dr.Jayashree i.e., Sweta PW.3 regarding Shankar Lingashetty's health status. On that day, he stayed in Dr.Rupa's house and on the next day i.e., on 13.11.2007 himself, Dr.Rupa and Mallikarjuna (Kiran) went to Manvi Town, where he visited Ayurvedic Medical College and from their Dr.Rupa took him to their theater i.e., Mallikarjuna Theater at Manvi. In the theater Dr.Rupa's father i.e., Sri.Shivakumar Nadgouda i.e., PW.1 and brother Mallikarjuna (Kiran) who were already there, had their lunch, later on, himself and Dr.Rupa both together left to Ballai.
6. That on 05.12.2007 Sri.Shivakumar
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Nadgoud, Dr.Jayashree (Sweta) and Mallikarjuna (Kiran) brought Shankar Lingashetty to Ballari for consultation. He thoroughly examined Shankar Ligashetty and prescribed one moths medicine. At that time, Dr.Rupa was busy preparing for her final year annual examination at Ballari. (Documents enclosed with Sl.No.7, 8 and Page 9,10).
7. That, subsequently, on 04.01.2008 Shankar Lingashetty came to Ballari with Mallikarjuna for consultation and he had prescribed medicines. Later Shankar Lingashetty came to Ballari for consultation on 28.02.2008 with Sri.Shivakumar Nadgoud, Dr.Jayashree and Mallikarjuna as the health condition of Shankar Lingashetty was serious and they stayed in his room.(Documents enclosed with Sl.No.9, 10 and Page No.11,12).
8. That, accused No.1 took Shankar Lingashetty to Dr.Ashok Mailapur, M.S.(Oncology), Dr.Ashok Mailapure examined Shankar Lingashetty and advised him to C.T Scan chest, ECG ad Endoscopy. (Documents enclosed with Sl.No.18 ad Page No.20, 12).
9. That, as per the advice of Dr.Ashok Mailapure on 28.02.2008 Shankar Lingashetty took C.T Scan Chest at Anjana Diagnostic Scanning Centre at Ballari. On that evening Sri.Shivakumar Nadgoud and Dr.Jayashree went to Raichur and Shankar Lingashetty as well as Mallikarjun remained at Ballari with him in his room. (Documents enclosed with Sl.No.11
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and Page No.13).
10. That, on next day on 29.02.2008 himself and Mallikarjuna took Shankar Lingashetty to Adarsha Heart Care Centre at Ballari for ECG. On 01.03.2008 he took Shankar Lingashetty to Dr.Aravind Patil at his Nurshing Home at Ballari for Endoscopy. (Documents enclosed with Sl.No.12, 13 and Page No.14,
15).
11. That, after collecting all the investigation reports, he met Dr.Ashok Mailapure and he told immediately to go to higher Oncology Centre, as the condition of Shankar Lingashetty needed compulsory Chemotherapy. So to inform the condition, and to discus with their family members ad to arrange required things, Shankar Lingashetty and Mallikarjua both went to Raichur. Within 4 to 5 days, he contacted Dr.A.C.Deka, Senior Oncologist in Navanagar Cancer Hospital and took appointment on 07.03.2008.
12. That, accordingly, Shankar Lingashetty came with his wife and he proceeded to Navanagar Cancer Hospital and at that time, Dr.Rupa, Sri.Shivakumar Nadgoud, Dr.Jayashree and Mallikarjuna also accompanied with them.
13. That, after consultation by seeing the serious condition, Dr.A.C.Deka immediately advised Shankar Lingashetty to get himself admitted for carrying out some more basic investigation in Navanagar Cancer Hospital and started Chemotherapy; meanwhile himself and Dr.Rupa went to market and he purchased a
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CRL.A No.100221 of 2020spectacle for Dr.Rupa on 07.03.2008 at Opto Labs Precision Optics at Hubli by paying sum of Rs.600/- as advance and spent two days at Hubli and came back to Ballari. (Documents enclosed with Sl.No.20 and Page 26).
14. That, after completion of Chemotherapy, as usual Shankar Lingashetty became a little bit weak, so along with Shankar Lingashety, Sri.Shivkumar Nadgoud, Dr.Rupa, Dr.Jayashree and Mallikarjuna directly came to Ballari on 11.03.2008. So on that day, he advised Shankar Lingashetty Ayurvedic conservation medication. (Documents enclosed with Sl.No.14, 15, 16, 17 and Page No.16, 17, 18, 19).
15. That, on that day itself, Shankar Lingashetty requested him to help him in getting re-imbursement of amount spent by him. So, he took form B [Vide Rule15(1)] filled Form i.e., Minor Irrigation with all the original prescription papers, bills, which were arrested by him. (Documents enclosed with Sl.No.6 and Page No.8).
16. That, on the same day i.e., 11.03.2008 Dr.Jayashree, herself took Ayurveda treatment from him for her Chronic Rhinitis, he examined her and told that he need some time to prepare the medicines and they went away. Later, he prepared medicine and sent the same through courier to Raichur house address in the name of Dr.Rupa. Not only Dr.Jayashree, even her brother Mallikarjuna got treatment for pimples and her father Sri.Shivkumar Nadgoud also consulted him
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CRL.A No.100221 of 2020for his Chronic Asthma problem. So after taking history and after examination, he told that he will prepare medicine and send the same also by courier to Raichur house address in the name of Dr.Rupa. Accordingly, on the next day i.e.,on 12.03.2008 he prepared all the medicines and set 4 packet covers by professional courier from Ballari to Raichur to the house address of Dr.Rupa. (Documents enclosed with Sl.No.19 and Page No.22,23, 24 & 25).
17. That, on 27.07.2009 Sri.Shivkumar Nadgoud, Dr.Rupa and Mallikarjuna came to Ballari from Raichur for getting admission of Mallikarjuna in Veerasaiva Engineering College, Ballari. During that time, he accompanied them to college and after admission, he helped Mallikarjuna to shift his luggage to the boys hostel. (Documents enclosed with Sl.No.21 and PageNo.27).
18. That, on 16.10.2009 Dr.Jayashree with his brother Sharan Kumar came to Ballari for consultation of his Hemorrhoids (Piles) problem. As Mallikarjuna was already studying Engineering at Ballari. All three members together came to him and Sharan kumar explained his problem. So, he took all of them to consult Dr.V.L.Yadahall, as he was an expert in treating such cases ; after examining Sharan Kumar, Dr.V.L.Yadahalli gave prescription and told him to explain him specific diet and accordingly, he explained him.
(DocumentsenclosedwithSl.No.22andPag eNo.28).
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CRL.A No.100221 of 2020st
19. That, in 2010 February 1 week, he took Dr.Rupa for attending an interview of one year certified Diploma Course of Rashtriya Ayurveda Vidyapeeta (CRAV) under Guru Shishya Paramapara at Nagapur, Maharastra State, which is under Ministry of Health and Family Welfare, Department of AYUSH, Government of INDI and Dr.Rupa was selected for Pancha Karma subject at Kopargoan Maharastra, under the Guru Sri.Dr.Ramdas Awhad.
20. That, in view of close association and intimacy between himself and Dr.Rupa they agreed to marry and they also obtained consent from their respective parents. That, his parents told him that the marriage should be performed at Bidr only and for which Dr.Rupa also agreed, after obtaining consent from her parents. That on 22.02.2010, he booked two sites i.e., deed of agreement of plot No.1 with M.No.A-482 with SNSP/D20/08-09 No.106450 dated 29.01.2010 and deed of agreement of plot No.2 with M.No.A- 483 with SNSP/D20/08-09 No.106415 dated 29.01.2010 at Ballari on 2.02.2010 with Sri.Kartikeya Builders and Developers, Ashrutha st Complex, 1 Floor, Opposite to Government School, Radio Park, Near Ayyappa Swamy Temple, Ballari 585 104 in the name of Dr.Rupa. On the same, he paid Rs.20,000/- vide receipt No.169 as a advance payment for two plots, paid a sum of Rs.3000/- as a 1st month installment with receipt No.7539 in respect of plot No.M.A- 482 and paid a
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CRL.A No.100221 of 2020sum of Rs.3000/-as a 1st month installment with receipt No.7538 in respect of plot No.M.A.483.
(Documents enclosed with Sl.No.23 to 3and Page No.29 to 37).
21. That on 02.03.2010 himself, Dr.Rupa and Dr.Jayashree went to Koppargaon, Maharastra Statee to report and admission of Dr.Rupa to one year Pancha Karma Diploma Course at Koppargoan. On the next day morning i.e., 03.03.2010 himself, Dr.Rupa and Dr.Jayashree went to Shiridi to perform Abhisheka and took darshan at Shiridi Sai Temple. (Documents enclosed with Sl.No.33 and Page No.40).
22. That, on the same day afternoon itself, i.e., he dropped Dr.Jayashree at Ambejogai Maharastra State and on that night, he stayed in their house only, where he met Dr.Jayaraj i.e., PW.7 husband of Dr.Jayashree, their daughter baby Sneha and her mother-in-law, next day morning he let to Ballari.
23. That on 06.04.2010 Dr.Jayashree from Ambajogai, Maharastara State sent all her medical academic documents (Xerox copies) along with her daughter baby Sneha's photo. Dr.Jayashree sent her documents in her order to apply for Government Ayurveda Physician post at Ballari. (Documents enclosed with Sl.No.34 and PageNo.41 to 48).
24. That, Dr.Rupa while staying at Koppargoan told her mother Smt.Sharada that some Ayurveda Physician Government posts were called for, at
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CRL.A No.100221 of 2020Ballari Ayurvedic Hospital in that regard Smt.Sharada called him and enquired about the same and asked him that Dr.Jayashree can apply for it or not, for which he asked Dr.Jayashree to sent her academic documents (xerox copies) to him. He told that as Dr.Jayashree hails from Karnataka State and moreover her studies were completed at Sindagi, Vijapura, Karnataka, so she is eligible, but as per selection, it will be purely on merits. Dr.Jayashree's daughter baby Sneha photo was also sent in same courier cover, because Dr.Rupa told to her elder sister Dr.Jayashree to send her daughter baby Sneha's photo for advertisement and print with other small children photos in "Swarana Vacha Prashana" pamphlets because during that time, he was in charge of program known as "Swarana Vacha Prashana" in Taranath Government Ayurvedic Medical College and Hospital, Ballari which is a very unique and first kind of program which was not conducted in any Government Ayurveda Colleges across Karnataka State. (Documents enclosed with Sl.No.37 to 41 and Page No.51 to 55).
25. That, on 14.06.2010 morning by private vehicle he took Dr.Rupa to Dr.Jayashree's house at Ambaijoggi Maharastra State as Dr.Rupa was suffering with sever Amoebiasis since eight days.That night he too stayed at Dr.Jayashrees house and next day morning he came back to Ballari.
26. That on 19.04.200 in the early morning Dr.Rupa called him from Koppargoan and told him
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CRL.A No.100221 of 2020that her father Sri.Shivkumar Nadgoud is suffering from severe breathlessness (Asthma) ; so Dr.Rupa requested him to take care of her father and take immediate appointment with Dr.Ramprasad (Chest Physician) at Ballari. After that, on the same day, Smt.Sharada and Mallikarjuna also spoke to him and requested to take appointment with Dr.Ramprasad.
27.That, in the afternoon Dr.Jayashree also called him from Ambejogi Maharastra regarding same and tht Mallikarjuna is already on the way to Ballari. So at around 03.00 p.m, Mallikarjuna came along with his father to his room, from there in the evening at about 05.30 p.m he took both of them to Dr.Ramprasad Hospital ; where by seeing the sever of condition, Dr.Ramprasad advised Sri.Shivkumar Nadgoud to get admitted immediately at Ballari T.B Hospital as the condition of Shivkumar Nadgouda was severe and oral medication won't work effectively. That's why Dr.Ramaprasad advised to give intravenous medication and nebulization,three to four times in a day, for minimum 3 to 4 days under medical supervision. From that evening time to time he updated the condition of Sri.Shivakumar Nadagouda and informed the same to Dr.Rupa, Smt.Sharada and Dr.Jayashree also.
28. That, after taking treatment on 19.04.010 evening, as out patient from Dr.Ramprasad Sir Hospital, Sri.Shiv Kumar Nadagouda ad Mallikarjuna stayed with him in his
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CRL.A No.100221 of 2020room. On the same night Smt.Sharada W/o.Sri.Shivkumar Nadagouda called him and told she will come to Ballari in the morning.
29. That, on the next day morning i.e., on 20.04.2010 as per the advise of Dr.Ramprasad, himself and Mallikarjuna together took Sri.Shivkumar Nadagouda to T.B.Sanatorium hospital, Ballari and got him admitted.
(Documents enclosed with Sl.No.35 & 36and Page No.49 & 50).
30. That, on the next day morning Smt.Sharada came to Ballai and stayed with Sri.Shivakumar Nadagouda in hospital till evening, but because of some inconvenience in Government Hospital and Mallikarjuna remained in hospital with Sri.Shivakumar Nadagouda and Smt.Sharada took reset in his room ad on the next day also i.e., 21.04.2010.
rd
31. That on 3 morning i.e., on 22.04.2010 Dr.Jayashree came to Ballari to see her father's health condition and moreover on that day he was going to start inaugural program of "Swarana Vacha Prashana" in Taranath Government Ayurvedic Medical College and Hospital, Ballari as he was incharge of that program. (Documents enclosed with Sl.No.37 to 41 and Page 51 to 55).
32. That, Dr.Jayashree came in the morning and attended Swarna Vacha Prashana Program, conducted at Taranath Government Ayurvedic Medical College and Hospital, Ballari. Later, Smt.Jayashree ad Smt.Sharada went to TB
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CRL.A No.100221 of 2020Government Hospital to see Sri.Sri.Shivakumar Nadagouda and on the same day evening Smt.Sharada and Dr.Jayashree left to Raichur. Three days later Sri.Shivakumar Nadagouda's health condition was improved and on 23.04.2010 Sri.Shivakumar Nadagouda was discharged and doctor advised him to continue oral medication and more up for follow up treatment after one month.
33. That, Mr.Sachin Lingashetty S/o.Shankar Lingashetty resident of Sindai, Bijapur District was brought by Mallikarjuna on 07.07.2010 and both stayed in his room. He took his detailed history and saw his previous medical reports of Bijapur Hospital and on the same day he took him to Dr.S.F.Gaddi Ballari for consultation to rule out any brain Pathology. Dr.S.F.Gaddi advised for C.T Scan Brain, so they took Sachin for C.T Scan at Anjana Diagnostic Centre on 07.07.2010 itself. As the C.T Scan report seemed normal, he started Ayurveda Pancha Karma treatment inn Taranath Hospital, Ballari for 10 days. Later on, even before leaving from Ballari as a second opinion, he took him for consultation with Dr.Ravi Tippa at Chetan ENT Centre, Ballari Dr.Ravi Tippa also prescribed some medicines. (Documents enclosed with Sl.No.41 to 45 and Page 56 to 59).
34. That on 12.08.2010 he received an order copy that he was appointed by the Rajee Gandhi University of Health Sciences, Bangalore as "Observer Cum Squad Chief" at Navodaya
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CRL.A No.100221 of 2020Education Trust College of Pharmacy, Raichur from 16.08.2010 to 24.08.2010. (Documents enclosed with Sl.No.46 and Page 60).
35. That on 15.08.2010 in the evening at around 06.00 p.m. himself and Mallikarjuna together went to Sri.Kartikeya Builders and st Developers, Ashrutha Complex, 1 Floor, Opposite to Government School, Radio Park, Near Ayyappa Swamy Temple, Ballari paid a nd sum of Rs.3000/- as a 2 monthly installment at a time with receipt No.0144 inn respect of Plot No.M.A-482 and paid a sum of Rs.3000/-as nd a 2 monthly installment at a time with receipt No.0143 inn respect of Plot No.M.A-483 in the name of Dr.Rupa. (Documents eclosed with Sl.No.27 to 31 ad Page No.33 to 37.
36. That, around 07.00 p.m they both together left Ballari by bus towards Raichur next day, as he had to attend the University Exams duty at Raichur and Mallikarju directly took him to his house after reaching Raichur. On 16.08.2010 at morning he got fresh up and had breakfast in Dr.Rupa home and around 08.00 a.m, he shifted to Hotel "Nrupatunga" in Raichur which was arranged by the college management.
37. That, Sri.Shivakumar Nadagouda, Smt.Sharadaand even Dr.Rupa also requested him to stay in there house, instead of staying in the hotel, he told thanks very much for their hospitality, but old them, that he will stay in the hotel ad if possible he will come for dinner at their
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CRL.A No.100221 of 2020house. During his stay at Raichur daily morning, Mallikarjuna used to come to hotel where he stayed and used to pick him to his house where he used to have break fast and dinner and he was lunch in the college campus only. Apart from that daily in the morning Mallikarjuna himself used to drop him to the Navodaya College Campus from his hotel and in the evening once again he used to pick him up.
38. That, meanwhile, on 20.08.20110 which was a Friday in the month of Shravana also in Dr.Rupa's house at pooja all family members were present including Dr.Jayashree, Dr.Jayaraj, baby Snetha came from Ambejogai Maharastra and Sharan Kumar from Bangalore. Meanwhile, since one week Dr.Rupa's mother Smt.Sharada was slightly feeling general weakness, because of pooja preparation, she felt uneasy and on the next day of pooja i.e., on 21.08.,2010 evening he was also in there house ; suddenly Smt.Sharada told slight chest pa, breathlessness and giddiness, when he came to know from Dr.Rupa that her mother is having history of Hypertension, then immediately they took Smt.Sharada to Shivam Hospital, Raichur, there they got her ECG and medication. (Documents enclosed with Sl.No.47 and Page No.61).
39. That, after check up when consulted concerned doctor asked to come next day for follow up treatment, so on 22.08.2010 once again himself, Mallikarjuna took Smt.Sharada to Shivam Hospital, doctor examined and gave injection and
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CRL.A No.100221 of 2020told her to continue same medicines for further 10 days. (Documents enclosed with Sl.No.48 and Page No.61).
40. That, Sri.Shivakumar Nadagouda and Smt.Sharada often used to consult him regarding their health problems. Himself and Dr.Rupa suggested Shivakumar Nadagouda and his wife to consult our respected Guru Dr.Ramdas Awhad at Koppargoan. Accordingly, Sri.Shivakumar Nadagouda train ticket reservation for Koppargoan for his family members (himself, Smt.Sharad, Mallikarjuna) and for him also. So on 17.10.2010 by train they reached Koppargaon and from Ambejogi Dr.Jayashree and Dr.Jayaraj also came to Koppargoan and joined them.
41. That on 19.10.2010 morning himself, Dr.Rupa went to Shirid and paid a sum of Rs.6000/- with cash bill No.71232 towards Shri Shiridi Sansthan, Shiridi for fee distribution of "Sai Sathya Charitra" books to Sai Devotees. (Documents enclosed with Sl.No.50 and Page 63).
42. That, on the same day evening, all of them i.e., Sri.Shivakumar Nadagouda, Smt.Sharada, Dr.Jayashree, Dr.Rupa and himself went to Sai Temple at Shiridi and he paid a sum of Rs.101/- with cash bill No.811743 towards Shri Sai Baba Sansthan Trust Shiridi for Abhishek took receipt and all together performed Abhishek pooja. (Documents enclosed with Sl.No.51 and Page No.64).
43. That on 19.10.2010 when they all were
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CRL.A No.100221 of 2020at Koppargaon i.e., himself, Dr.Rupa, Sri.Shivakumar Nadagouda, Smt.Sharada, Dr.Jayashree and Dr.Jayaraj at that time Rupa's parents discussed about his marriage with Dr.Rupa and also suggested that his elder daughter Dr.Jayashree and Dr.Jayaraj wants to shift to Ballari with him, because Dr.Jayaraj was not in Government job and that Dr.Jayashree and Dr.Jayaraj were doing private practice at Ambejogi was not encouraging and more over their Baby Sneha's education there had no scope at Ambejoggai Maharastra for bright carrier and prospects ; That, the Dr.Rupa's parents said, that they have already discussed this issue with Dr.Jayaraj and Dr.Jayashree and they were ready to come to Ballari, only if accused No.1 helped them to settle down at Ballari. Accordingly, Dr.Jayashree and Dr.Jayaraj told, that they need atleast 2 to 3 months time to shift to Ballari after accused No.1 marriage. Thereafter, Dr.Rupa's parents requested him and Dr.Rupa whether, they could accommodate baby Sneha and even Mallikarjuna who was already studying at Ballari in his premises. So himself and Dr.Rupa took some time and discussed about the same and he also consulted his parents at Bidar. Then himself and Dr.Rupa expressed their consent, and that they should set up and separate practice and also make arrangements for a separate house at the earliest possible time. Because himself and Dr.Rupa should undergo post Graduate studies in next 2011 batch academic year and if possible also
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CRL.A No.100221 of 2020start a clinic.
44. That, on the next day, i.e., on 20.10.2010 Sri.Shivakumar Nadgouda and Smt.Sharadha took consultation from Dr.Ramdas Awhad, accordingly doctor has asked about the illness history and examined and gave prescription to both and advised them to continue the same medicines for minimum period of 3 months. That, on the same day i.e., 20.10.2010 in the evening by train, they all left to their respective native places. (Documents enclosed with Sl.52 and 53 page No.65,66,67 and 68,69,70).
45. That, Mallikarjun was irregular in attending to classes & short age of attendance, due to that reasons, the collage authorities instructed him that, in order to get eligibility and attend ensuing examination, he should bring his parents or any family members & ask them to meet concerned class teachers, then at that time, Mallikarjuna took accused No.1 and they met concerned teacher and Mallikarjun (Kiran)was allowed for the examination.
46. That on 22.01.2011, he went to Kopargao in order to assist Dr.Rupa to prepare her thesis to be submitted to her institute. He stayed at Koparagao till 26.01.2011 and assisted her in preparing the same. (Documents enclosed with Sl.54,55,56 and page No.71,72).
47. That, as per discussion which had taken place in Kopargao on 19.10.2010, regarding
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CRL.A No.100221 of 2020admission of baby Sneha before his marriage, he enquired about various schools at Ballari and informed the same to Sneha's parents and to Dr.Rupa's parents also. So finally, he took baby st Sneha's admission in 1 standard class in Nandhi International School situated at Belagal Cross Ballari in the month of April, 2011.
48. That, as stated above, in view of the close association and intimacy between me and Dr.Rupa,they agreed to marry and they also obtained consent from our respective parents. His parents told him that the marriage should be performed at Bidar only and for which Dr.Rupa also agreed after obtaining consent from her parents. No betrothal ceremony took place at Bidar as it was not an arranged marriage, but it was purely a marriage out of love and mutual consent.
49. It is further stated in the written statement of accused No.1 that, the say of PW No.1 Shivkumar Nadagouda ; PW.3 Dr.Jayashree ; PW.4 Mallikarnuna Gouda ; PW.5 Smt.Sharada ; PW.7 Dr.Jayaraj ; PW.8 Mohammed Nazeer that, prior to the marriage negotiations took place at Bidar City and that accused have demanded dowry of Rs.5,00,000/- cash, five tholas gold ornaments to accused No.1 and ten tholas gold ornaments to the bride and that they agreed to pay Rs.3,00,000/- in cash and five tholas of gold to him and ten tholas of told ornaments to the bride are blatant falsehood and no such talks took place at Bidar. That, Dr.Rupa's parents have not given Rs.3,00,000/-in cash and five tholas of gold to
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CRL.A No.100221 of 2020accused No.1 and ten tholas of gold ornaments to the bride either before the marriage or at the time of the marriage. On the other hand the parents of accused No.1 have presented the following gold ornaments at the time of marriage ; (1) Mangalasutra (2) gold necklace (3) Pair of Bangles and Ear rings.
50. Parents of accused No.1 had booked, Sindol kalayana Mantap, manali road at Bidar, by filling the formal format i.e.,Terms and Condition with No.399 of Sindol Kalyana Mantapa by Sri.Gangadhar Sugur i.e. accused No.2 on 10.12.2010. Booking form slip with No.345 of Sindol Kalyana Mantapa Bidar and paid Rs.4,900/- by Sri Gangadhar Sugur i.e., accused No.2 on 10.12.2010 and also paid some amount as advance, vide receipt No.321 of Sindol Kalyana mantapa, Bidar on 10.12.2010, towards suply of utensils, furniture, crockery and decorative items etc.,(Documents enclosed with Sl.59,60,61 and page No.75,76,77).
51. That on the day of marriage i.e.,06.05.2011, accused No.1 parents paid a sum of Rs.16,000/- vide cash-Bill No.554 of M/s. Sindol Enterprises, Bidar for supply of utensils, furniture, crockery and decorative itemsetc., and his parents paid a sum of Rs.4,900/- with cash bill - cash receipt with No.550 of Sindol Kalyan Mantap, Bidar. His parents paid a sum of Rs.1,000/- towards electrical bill with receipt No.89 of Sindol
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CRL.A No.100221 of 2020Kalyan Mantap, Bidar. (Documents enclosed with Sl.57,58,68,69,70,71 and page No.73,74,84,85,86,87).
52. That, the parents of accused No.1 also spent all the other expenditure incurred at the time of marriage. That, accused No.1 father has drawn a sum of Rs.50,000/- on 05.05.2011 from his SB Account of Gandhi Gunj Co-operative Bank with A/c.No.13217 and L.F No : 1282 Bidar. (Documents enclosed with Sl.67 and page No.83).
53. That, on 15.04.2011 accused No.1 purchased cloth and got his two piece wedding suit and shirt got stitched at Gay Lords Tailors, with Cash Memo No.6989, Secunderabad by paying stitching charges of Rs.3,250/-. (Documents enclosed with Sl.62 and page No.78).
54. That, On 01.05.2011 accused No.1 purchased cloths and paid sum of Rs.740/- with rceipt No.054 of Meena Bazar, Bidar. (Documents enclosed with Sl.63 and page No.79).
55. That, on 03.05.2011 accused No.1 purchased cloths and paid sum of Rs.290/- vide receipt No.069 of Meena Bazar, Bidar. (Documents enclosed with Sl.64 and page No.80).
56. That, on 03.05.2011 accused No.1 purchased shoes and paid sum of Rs.2990/- with receipt No.124 of L B Shoes, Bidar.
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CRL.A No.100221 of 2020(Documents enclosed with Sl.65 and page No.81).
57. That, on 03.05.2011 accused No.1 purchased clothes and paid a sum of Rs.1,490/- with receipt No.80 of Sri. Sai Saree and Readymade Garments, Bidar. (Documents enclosed with Sl.66 and Page No.82].
58. That, at the time of the marriage, no domestic articles such as cot, fridge, inverter, Television set etc., were not given to accused No.1 ; on the other hand he had purchased the same and he has submitted the bills to Investigating Officer i.e., Deputy Superintendent of Police PW.12 on 21.01.2013. Even on the same day he has also produced some of bills, regarding purchase of furniture in respect of Hospital dated:
10.07.2012 at Hyderabad on 21.01.2013.
59. That, the say of the prosecution witnesses i.e., PWs.3, 4, 5, 7 that accused No.1 was demanding additional dowry and on that account accused have ill-treated Dr.Rupa are deliberate lies.
60. That, after marriage, accused No.1 and Dr.Rupa stayed for about a week at Bidar and also spent some time at Raichur and later they went to Shirdi and thereafter to Mussoori by train. While returning they took flight on 31.05.2011 from Delhi to Hyderabad and reached Ballari via Raichur. (Documents enclosed with Sl.72,73 and Page No.88,89).
61. That, they both came immediately to
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CRL.A No.100221 of 2020Ballari, because Baby Sneha's schools was to start st from 1 week of June 2011, in order to accommodate Dr.Jayashree, Dr.Jayaraj, Baby Sneha and Mallikarjuna, at his old rented house located at MMTC Colony, Ballari. After marriage, accused No.1, Dr.Rupa, Dr.Jayashree. Jayaraj, Baby Sneha, even Mallikarjun also came to Ballari.
62. That, after one month, Sneha's parents i,e., Dr.Jayashree Dr.Jayaraj went to Ambaijojai and promised to set up private practice at Ballari by taking a separate house. Meanwhile, himself and Mallikarjun started to search for two separate house's for each of them, because the premises at MMTC Colony was somewhat congested, but Dr.Jayashree and Dr.Jayaraj after going to their native place and even Dr.Rupa's parents requested accused No.1 and Dr.Rupa, they need some more time to shift to Ballari. Therefore, few nd months i.e., in August, 2 week accused No.1 and Dr.Rupa shifted to two bed room house located Sri.Sthya Sai Colony, belonging to Sri.Ramanth Rao i.e., CW.12.
63. That, accused No.1 and Dr.Rupa were leading happy married life. Initially as Dr.Rupa expressed that she would like to set up a separate clininc and practice independently, therefore, he took two shops on rental basis, besides Ediga hostel complex Ballari. [Documents enclosed with Sl.75 and Page No.91].
64. That, accused No.1 was awarded Best Ayurveda Doctor Award in the function held at Raghava Kala Mandir, Ballari. [Documents
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CRL.A No.100221 of 2020enclosed with Sl.78 and Page No.94].
65. That, Dr.Rupa was finding difficult to attend to her clinic, as she was taking care of Baby Sneha through out the day. Several times accused No.1 and Dr.Rupa discussed this problem and Dr.Rupa also told her parents and her elder sister to make separate arrangements to look after baby Sneha. Dr.Rupa's parents and Dr.Jayashree even though, they used to visit Ballari often, they were not seriously thinking of taking up separate house and also thinking of taking up separate house and also taking care of Baby Sneha. Himself and Dr.Rupa used to discuss, the way in which they could avoid this trouble. Since day by day, Dr.Rupa could not attend the clinic as she was engaged in looking after Baby Sneha and attending to Domestic work, she got disappointed. Therefore, after waiting for 3 to 4 months, accused No.1 cancelled the rented two shops which were booked beside Ediga Hostel at Ballari.
66. That, Dr.Rupa was interested in pursuing MD course. Therefore, accused No.1 collected the necessary information and approached the Sri.Annasaheb Dange Asta Ayurveda Medical College, Post Graduate and Research Center Ashta. Taluka Walwa, District Sangali, Maharastra in the month of March 2012. After seeing Dr.Rupa's percentage, the Management personnel said that, Dr.Rupa could write a Maharastra APGA CET 2012 Entrance Examination and if she secures good marks, she would get definitely a seat in Government
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CRL.A No.100221 of 2020quota. If she could not get through entrance examination, then they will give, Dr.Rupa in their management quota. So accused No.1 had paid Rs.40,000/- on 24.03.2012 by drawing the amount through my ATM card from that Astha Ayurveda College premises, Maharastra. [Documents enclosed with Sl.81 and Page No.97,98].
The management also promised, that if she gets through the Maharastra APGA CET Entrance Examination, amount of Rs.40,000/- would be adjusted towards her fees.
67. That, on 14.05.2012 Sri.Shivakumar Nadgoud came to Ballari with his wife Smt.Sharadha to consult for himself for his chronic ailment. So accused No.1 took him to Dr.B.K.S.Murthy. On same day, they both together spok to Dr.Rupa's parents, that at least this year, please tell Dr.Jayashree and Dr.Jayaraj to make a separate house and even clinic. Because they clearly explained that since one year they could not attend clinic, they could not attend any personal thins, they could not even look after the mother and father of accused No.1. So atleast from this year, please leave us alone, so that they can start a Ayurveda hospital and more over right now Dr.Rupa could not concentrate on her entrance exams preparation also. On that Dr.Rupas parents gave assurance that, definetly they will speak and convince Dr.Jayashree and Dr.Jayaraj to mak separate house as well as clinic. [Documents enclosed with Sl.90 and Page
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CRL.A No.100221 of 2020No.110].
68. That, accused No.1 got the application form from Maharastra APGA CET Entrance Examination and submitted the application along with the DD of State Bank of Hyderabad, paid a sum of Rs.1,500/- towards AMAMCM C/o. AMUPMDC, Shreeji house Mumbai on Date 08.06.2012. The application was sent through professional courier on same date i.e., on 08.06.2012. [Documents enclosed with Sl.91,92,93,94,95,96 and Page No.111, 112, 113, 114, 115, 116].
69. That, after receiving the hall ticket himself and Dr.Rupa went to Mumbai on 02.07.2012.Dr.Rupa wrote the entrance examination at Mumbai and she came out successful. Dr.Rupa opted to prosecute her MD studies at Sri.Annasaheb Dange Asta Ayurved Medical College, Post Graduate and Research Center Ashta. Taluka Walwa, District Sangali, Maharastra.
70. That, after returning to Ballari, Dr.Rupa told to Dr.Jayashree and Dr.Jayaraj and also to her parents, that immediately they should come to Ballari and set up a separate house and take care of baby Sneha. But unfortunately Dr.Jayashree and Dr.Rupa's parents, once again expressed the same thing that, Dr.Jayashree and Dr.Jayaraj want some more time to shift to Ballari, so till such time Dr.Rupa should continue to look after baby Sneha.
71. That, to take admission in any Maharastra State, Ayurveda colleges for PG
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CRL.A No.100221 of 2020studies, Dr.Rupa needs to register herself in Maharastra Council of Indian Medicine, Mumbai. So, first they need to give a application to Rajev Gandhi University of Health and Sciences, Bangalore, Karnataka to cancel the Registration from Karnataka, for the same he gave application and paid a sum of Rs.40/- in the favour of Registrar RGUHS, Bangalore from State Bank of Mysore, Jayanagar, Bangalore on 27.09.2012. [Documents enclosed with Sl.109 and Page No.133].
72. That, when they called to Sri.Annasaheb Dange Asta Ayurved Medical College, Post Graduate and Research Center Ashta. Taluka Walwa, District Sangali, Maharastra, they came to know that, even they have not received any information about fee details from Maharastra PG CET Cell of 2012-13 batch, and more over Dr.Rupa also waiting for to transfer her Registration from Karnataka Board to Maharastra Board. After some days, they got information from Astha College person that, they can go over Astha College, in the last week of October, 2012 regarding fee structure. So accordingly, they visited on 27.10.2012 to Astha College, but unfortunately still Astha College also they had not received any information about fee details from Maharastra PG CET Cell of 2012-13 batch. So on the same day, Principal's official staff said to pay Rs.1,000/- towards the Registration fee, as a nominal admission fees, received cash receipt of with
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CRL.A No.100221 of 2020
No:3933 of Hon.SHRI.Annasaheb Dange
Ayurved Medical College, Astha, Tal Walwa,
District Sangli, and also gave BONAFIED
CERTIFICATE with No:223 of
Hon.SHRI.Annasaheb Dange Ayurved Medical
College, Astha, Tal Walwa, Dist Sangli of Dr.Rupa on same day i,e., 27.10.2012. [Documents enclosed with Sl.111,112 and PageNo.135, 136].
73. That, on the same evening, it was informed to them, by Astha college office personal, that they are going to receive the information about fee details from Maharastra PGCET Cell of 2012-13 batch by 29.10.2012 morning, so till 29.10.2012 i.e., two days, himself and Dr.Rupa stayed at Astha campus, Accommodation provided by College Management in College Campus. Accordingly, on 29.10.2012 afternoon they got the CERTIFICATE of Dr.Rupa securing MD (Ayurveda) Course through PG CET CAP Process and within Maharastra state eligibility norms and Expenditure Expected MD (Ayurveda) Course, Issued by Hon'ble Shri Annasaheb Dange Ayurved Medical College, Astha, Tal Walwa, Dist Sangli, in that it is mentioned that tuition fees Rs.1,86,916/-, development fee Rs.13,084/- and for1stMDi.e.,2,00,000/- [Documents enclosed with Sl. 113 and Page No.137].
74. That, the Principal and office persons of Astha Ayurveda College, told them that they should come after getting Registration of Dr.Rupa in Maharastra Council of Indian Medicine, Mumbai and
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CRL.A No.100221 of 2020Get the transfer certificate from Taranath Government Ayurvedic College, Ballari. So accordingly they were in touch with officials of Maharastra board and even with Astha Ayurveda Colleges. On 15.11.2012 they received Dr.Rupa's Certificate of Registration, of Maharastra Council of Indian Medicine, Mumbai dated 01.11.2012 through Speed post Courier cover, which was sent from Maharastra Council of Indian Medicine Mumbai on 09.11.2012 to Address Dr.Rupa C/o Dr.Jayaraj Manmathappa Patil, Bansilal Nagar, Vidyakunj, Ambajogai village, Dist Beed, Maharastra. [Documents enclosed with Sl.114,118 and page No.138,142].
75. That, accused No.1 and Dr.Rupa gave an requisition letter to Taranath Government Ayurveda Medical College, regarding issuance of Transfer Certificate on 07.11.2012 and accordingly they got transfer certificate on 08.11.2012 addressed in the name of to "The Principal" Annasaheb Dange Ayurvedic Medical College and Post Graduate Training and Research Center, POST:ASTA,Taluk: Walwa, District Sangli. [Documents enclosed with Sl.115, 116 and PageNo.139,140].
76. That, after completing all the above described formalities and procedure, Dr.Rupa got admitted on 29.11.2012 by paying Rs.44,000/- [Rs.40,000/-paid earlier was adjusted, i,e., on 24.03.2012] for tuition fee and on 29.11.2012 I paid additional sum of Rs.4,000/-. So totally Rs.44,000/-. Before this he paid a sum of
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CRL.A No.100221 of 2020Rs.1,000/- on 27.10.2012 towards a Registration Fee. So altogether, he paid sum of Rs.45,000/- towards registration and tuition fees. Hence, the management office persons, have noted on reverse side of the receipt that, the said amount Rs.45,000/- was paid towards st MD 1 semester fee, after deducting Rs.45,000/-. Due amount shown as Rs.1,55,000/-. According to the certificate issued by the aforesaid college, totally tuition fee and Development fee was fixed at st Rs.2,00,000/- for 1 MD Course. Accused No.1 had drawn Rs.40,000/- through his ATM card on 24.03.2012 itself before seeking admission. [Documents enclosed with Sl. 119,120 and Page No.143, 144].
77. That, even accused No.1 transferred a sum of Rs.69,000/- from his account 30171367368 to Dr.Rupa's account on 13.11.2012 towards the payment of the fees in respect of her PG studies. [Documents enclosed with Sl. 117 and Page No.141].
78. That, on 17.10.2012 Shankar Lingashetty with Sri.Shivakumar Nadgoud came to their house while going to Navanagar Cancer hospital, for consultation and for purchase of Shankar Lingashetty's monthly cancer medicines at Dharwad. But as Shankar Lingashetty was having some financial problem, asked him to buy medicines, therefore on that day itself, himself deposited a sum of Rs.18,000/- to M.K.Sadashiva [Prem Medical shop owner, Navanagar] with
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CRL.A No.100221 of 2020Account Nunber : 3282000100020501 of Karnataka Bank Ltd., Hubli to get medicines from his medical shop. [Documents enclosed with Sl.110 and Page No.134].
79. That, in view of this situation and circumstances, the attitude of Dr.Jayashree and her parents, Dr.Rupa could not go to Ashta Ayurved Medical Colletge to prosecute her MD studies. Apart from that, Dr.Jayshree also requested him to see that, she also gets a MDseat in the said college, for which he sincerely tried and could not secure a seat for Dr.Jayashree for MD course in the said college in Management quota. In view of not joining for MD course and attending, the classes at Ashta, Dr.Rupa became worried and depressed.
80. That, the testimoney of PWs.1, 3, 4, 5, 7 and 8 that Sri.Shivakumar Nadgoud and Nazeer came to Ballari and paid Rs.3,00,000/- to him towards Dr.Rupa's MD fees, are blatant falsehood and manufactured for the purpose of the above case. Dr.Jayaraj himself had drawn Rs.1,50,000/- from his account, but there is no Document to shown that the, said sum was deposited or transferred to Sri.Shivakumar Nadgoud's account.
81. That, apart from that he had also purchased hospital furniture and materials at Hyderabad on 10.07.2012. Himself and Dr.Rupa had gone to Hyderabad to purchase hospital materials and while returning to Ballari they stayed at Raichur in his fatherinlaw's house. At that time also, they showed the bills regarding the purchase of hospital materials and requested Dr.Rupa's parents to see
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CRL.A No.100221 of 2020that, the Dr.Jayashree takes her daughter to her custody by setting up aseparate house at Ballari. Dr.Rupa's parents once again told Dr.Rupa to somehow manage till Dr.Jayashree and her husband shift to Ballari.
82. That, after coming to Ballari, on 30.08.2012 they opened the Ayurveda Panchakarma Hospital, at Rameshwari Hotel and for that function Dr.Rupa's parents, Sister, Sister's husband, Brother's and Shankar Lingashetty and other relatives attended. From his side, his parents, his sisters and his relatives also attended the said function. [Documents enclosed with Sl.107 and Page No.131].
83. That, on same day i.e., 30.08.2012 morning himself and Dr.Rupa, donated 100 killograms of rice to Sri.Shiridi Sai Seva Trust, Vishal Nagar, Anathpur Road, BELLARY. Even though the hospital was opened, Dr.Rupa could not attend and look after the patients and on the other hand she was constrained to attend on baby Sneha which made Dr.Rupa disgusted. [Documents enclosed with Sl. 108 and Page No.132].
84. That, the testimoney of PWs.1, 3, 4, 5, 7 and 8 that Sri.Shivakumar Nadgouda bought all the hospital materials by paying Rs.1,50,000/-are concocted and invented for the purpose of above case. Accused No.1 has spent Rs.68,000/- for the purchase of said materials. Accused No.1 has drawn a sum of Rs.20,000/-on 06.07.2012 at Ballari through his ATM and dawn sum of Rs.
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CRL.A No.100221 of 202040,000/- [25,000/- and 15,000/-] on 10.07.2012 at Hyderabad through his ATM card. Some of the bills accused No.1 has produced before the investigation officer on 21.01.2013, some of the bills and estimated bills retained by him are produced. That accused No.1 has also produced Transport bill issued by the daily parcel service Dilsuk Nagar, Hydrabad dated: 10.07.2012. [Documents enclosed with Sl.97, 98, 99 100, 101, 102, 103, 104, 105, 106 and Page No.117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130].
85. That, accused No.1 has not at all demanded the parents of Dr.Rupa to procure a plot or pay Rs.20,00,000/- to him. That, as on 22.02.2010 i.e., one and half year before marriage itself, accused No.1 had made an agreement and booked two sites of M.No.A-482 and M.No.A-483 atBallari with SRI.KARTIKEYA BUILDERS and DEVELOPERS, Ashrutha complex, st 1 floor, Opposite to Govt. School, Radio Park, Near Ayyappa Swamy Temple Ballari-585104, in the name of D.Rupa and paid sum of Rs.20,000/-also paid a sum of Rs.3,000/- per month installment of each sites. So accordingly, for plot M.No.A-482 I paid 27 installments and for plot M.No.A-483 I paid 26 installment. He has paid in all, a sum of Rs.1,59,000/-towards purchase of two plots in the name of Dr.Rupa. Two agreements, brouchers, sketch and
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CRL.A No.100221 of 2020installments payment receipts are here we produced. [Documents enclosed with Sl.23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and Page No.29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39].
86. That, the testimony of PWs.1,3,4,5,7 and 8 that accused No.1 demanded above said persons to get the plot purchased for him or to pay Rs.20,00,000/- is again a wicked lie made in order to save their own skin. Accused No.1 had already booked two plots in the name of Dr.Rupa even prior to their marriage. Moreover, accused No.1 was also drawing a salary of Rs.35,000/- per month in the month of December 2012. His pay slip for the month of December 2012 is here with produced. [Documents enclosed with Sl. 2 and Page No.2].
87. That, his relationship with Rupa was very cordial and absolutely there were no differences between him and Dr.Rupa. He had mentioned Dr.Rupa's name in the certificate to be furnished by Gazetted Government servants. He had nominated Dr.Rupa in KGID policy.He has also nominated Dr.Rupa in respect of Family pension, Group Insurance and for disbursement of Death cum Superannuation benefits.
[Documents enclosed with
Sl.No.79,82,84,85,86,87,88,89 and
PageNo.95, 102, 104, 105, 106, 107,
108, 109].
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CRL.A No.100221 of 2020
88. That, himself and Rupa had been to Shirdi where he gave a donation of Rs.10,000/- in the name of Dr.Rupa towards Annadan at Sri.Shirdi Sai Sansthanam, Shirdi Maharstra on 03.11.2011. The receipt is here with produced. [Documents enclosed with Sl.80 and Page No.96.
89. That, accused No.1 had also enrolled Dr.Rupa as a member of N-Mart Retail Shop on 15.02.2012.The receipt is here with produced. [Documents enclosed with Sl. 83 and Page No.103 ].
90. That, accused No.1 father is a retired Commercial Tax Inspector, who retired in the year 2006. His father owns a House bearing 9- th 12-437, 7 Cross, Vidhya Nagar Colony, Bidar. [Documents enclosed with Sl.127, and Page No. 170].
91. It is further stated that, one plot in the name of his father Sri.Gangadhar Sugur is having at Bidar and another plot is available in the name of his mother Smt.Pushpavathi. [Documents enclosed with Sl.128,129 and Page No. 171, 172].
92. That, his father is Sri.Gangadhar Sugur, has got agriculture land measuring about 04 acres at Singitham village, Sangareddy District, Telangana State, [Documents enclosed with Sl.130 and Page No.173,174,175,176,177,178].
93. That, his father also is getting pension of
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CRL.A No.100221 of 2020about Rs.15,000-per month and they were well placed in life.
94. That, accused No.1 has produced pass books of his father in respect of his account at State Bank of Hyderabad, Bidar branch and Gandhi Gunj Co-Operative Bank, Branch Bidar on the date of marriage in the Gandhi Gunj Do- Operative bank, his father had to his credit a sum of Rs.3,48,000/- and in the state bank of Hyderabad his father had to his credit a sum of Rs. 5,80,000/- [Documents enclosed with Sl.67 and Page No.83/A, 83/B]. Moreover, he had transferred Rs.69,000/- from account with State Bank of India, Patel Nagar branch to the account of Dr.Rupa on. 13.11.2012. [Documents enclosed with Sl.117 and Page. Page No.141].
95. That, accused No.1 father deposited a sum of Rs.20,000/- to his account on 09.09.2010. [Documents enclosed with Sl.49 and Page No.62].
96. That, accused No.1 father deposited a sum of Rs.25,000/- on 20.07.2011.
[Documents enclosed with Sl. 74 and Page No.90 ].
97. That, accused No.1 father deposited a sum of Rs.25,000/-n 20.07.2011.
[Documents enclosed with Sl. 96 and Page No.92 ].
98. That, accused No.1 father deposited a sum of Rs.25,000/-on 21.07.2011.
[Documents enclosed with Sl. 77 and
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CRL.A No.100221 of 2020Page No.93].
99. It is further stated in the written statement of accused No.1 that differences arose between Dr.Rupa on the one part and her sister Dr.Jayashree and her Parents on the other part, as Dr.Jayashree did not set up separate house and not taken away her child, resulting in discontinuation of MD course and also neglected her clinic. Further, the stay of Mallikarjun and baby Sneha and frequent visits of Dr.Jayashree and Dr.Jayaraj caused, additional expenditure to accused No.1 and therefore Dr.Rupa had requested Dr.Jayashree and her parents to make separate accomodation. In spite of several requests Dr.Jayashree [Swetha] did not set up separate house or took the custody of her child. In addition to that Dr.Jayashree [Swetha] and Dr.Jayaraj wanted to set up medical practice in the premises taken by him, for Dr.Rupa at Rameshwari hotel, which they flatly refused. DrJayashree was also accusing him and Dr.Rupa for not getting MD seat for her in the same college where Dr.Rupa took admission.
100. That, moreover, Dr.Rupa had deposited all the gold ornaments, which were presented by her parents at the time of her marriage with her parents. He had asked Dr.Rupa to take back those ornaments from her parent's house, as his sister's Betrothal ceremony had been fixed, but her parents were refusing to deliver those articles to Dr.Rupa. Instead of that, even in last movement, Dr.Rupa's patents and Dr. Jayashree again
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CRL.A No.100221 of 2020prevailed upon Dr.Rupa that she should accomodate Sneha and mallikarjuna and also insisted Dr.Rupa to allow Dr.Jayashree and Dr.Jayaraj to allow to practice at Rameshwari Clinic setup by them at least in the morning hours, for which accused No.1 and Dr.Rupa did not give their concent and demanded that Dr.Jayashree set up a separate house and look after her baby Sneha and also set up separate practice at a different place. Therefore the said events cumulatively made Dr.Rupa very much disappointed and deeply disgruntled.
101. That, after their strong protest and demand, just 10 days prior to the Date of incident Dr.Jayashree, Mallikarjuna and baby Sneha set up a separate house and moved to that place. At this juncture also Sri.Shivakumar Nadgoud and Smt. Sharadha along with Dr.Jayashree, put pressure on accused No.1 and Dr.Rupa to search for a job for Dr Jayaraj in any public health Center at Ballari.
102. That, immediately, Dr.Jayaraj from his native place Ambajogai, Maharastra State, sent all his Medical Academic Documents and Service, Experience Certificates in cover(Xeros copies) through speed post on 18-12-2012 just 09 days prior to incident. [Documents enclosed with Sl.No.121 and page No.145, 146, 147, 148, 149, 150, 151, 153,154,155,156,157,158].
103. That, on the other side Dr Jayashree
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CRL.A No.100221 of 2020(Sweta) and Mallikarjuna even though they have shifted to new house at Belagal cross, they used to came back to Rajesh and Rupa's house, complaining about water and electricity problems with an intention not to shift to there new house and moreover Dr.Jayaraj is also went to Ambaijogai, Maharastra. Smt.Sharadha visited to their house and there was serious quarrel as Dr.Rupa complined that Dr.Jayashree, Dr.Jayaraj, Mallikarjuna and baby Sneha have not shifted and also for even not delivering the gold articals; because of that, her carrier was spoiled on account of Sneha's stay in their house.
104. That, accused No.1 and Dr.Rupa had also Reserved Railway tickets on 25.12.2012 to proceed to Bidar Via Vikarabhad on 02.01.2013 and also with return ticket journey on 05.01.2013 in order to attend his younger sister's Betrothal ceremony. (Documents enclosed with Sl.122,123 and page No.159,160).///
105. That on 27.12.2012 after finishing his duty at Government Taranath Hospital, Ballari, he proceeded to the Clinic-cum-Hospital at about 05.00 p.m. Mallikarjuna and Dr.Jayashree were also having duplicate key of his house. While he was at the clinic, Dr.Jayashree called him and told that Dr.Rupa was not opening the door, in spite of loud calls; immediately he rushed to his house and found that the door was bolted from inside. Therefore, accused No.1 went to the backside of bed room and by breaking window glass, he observed that Dr.Rupa was found hanging on the
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CRL.A No.100221 of 2020ceiling fan in the bed room. Meanwhile, himself, Ramanath Rao, Gangadhar and others forcibly opened the main door and brought Dr.Rupa's body down and immediately, he took her in a Matuthi 800 Car, which had been parked nearby, to MSR Hospital and they refused to admit her stating that, there were no ventilator facility and therefore, he took here to VIMS Hospital, Ballari Causality Ward and there the doctor after examination pronounced that she was there the doctor after examination pronounced that she was already dead. After knowing that she was dead, he swooned and became unconscious and he was also taken and admitted as an inpatient at VIMS hospital on 27.12.2012. (Documents enclosed with Sl.124,125 and page No.161, 162, 163, 164, 165, 166, 167, 168).
106. That, on the next day morning i.e.,on 28.12.2012 he gained consciousness and at that time, his patents were also present and they had come from Bidar. His parents requested the authorities to deliver the dead body, but the authorities told that Sri.Shivakumar Nadgoud had already given a complaint against him and his parents. Therefore, his parents took him to Bidar as his condition was precarious. He recovered after one month and thereafter he came to Ballari to surrender before the Gandhinagar Police Station and he was arrested on 20.01.2013 at Ballari, and he was not arrested at Hyderbad.
107. That, accused No.1 humbly submitted that himself and his parents are not responsible
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CRL.A No.100221 of 2020for the death of Dr.Rupa. No dowry or gold ornaments were given to him by Rupa's patents at the time of marriage. Dr.Rupa committed suicied because of the differences between Dr.Rupa on the one hand and her patents and Dr Jayashree on the other hand. Sri.Shivakuamr Nadgoud at the instigation of his daughter Dr.Jayashree in order to save their own skin, gave a false complaint against him and his parents. PWs.1, 3, 4, 5, 7 and 8 have given false testimony in the above case to save there skins. He has produced all the relevant documents in his custody.
108. That, PW.1 Sri.Shivakumar Nadgoud gave a false complaint against him and his brother-in-law, Sri.Anil Biradar on 14.05.2013 alleging that, he was assaulted on 13.05.2013 to the Sadar Bazaar police station at Raichur and the police after investigation filed "B" report. The xerox copies and "B" report are here with produced. (Documents enclosed with Sl.126 and page No.169).
109. That, accused No.1 has also been awarded Vaidhya Bushana from Sri.Sangana Basava Mata, Savadi, Belgaum on 11.01.2014 . (Documents enclosed with Sl.131 and page No.179).
110. That, accused No.1 and his parents are innocent persons and they have not committed the offences under Section 304-B read with Section 34 of Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act."
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CRL.A No.100221 of 202021. The written statement of accused number two reads as under:
"43. The accused No.2 after recording 313Statement has filed his written statement stating that accused No.1 is his son and accused No.3 is his wife and that no engagement talks of his son took place at Bidar and that accused No.1 and deceased Dr.Rupa acquainted with each other, therefore he had agreed for their marriage and told them that the marriage has to be performed in Bidar City since most of his relatives are residing at Bidar City. It is further submitted that his son or any person on their behalf have not demanded dowry of Rs.3,00,000/- and it is absolutely false to say that five tholas of gold given to his son and 10 tholas of gold given to the bride at the time of their marriage. It is submitted that after the marriage of his son accused No.2 visited Ballari only once i.e., at the time of opening clinic by Dr.Rupa at Rameshwarai Hotel Building and that accused No.2 and his wife i.e., accused No.3 and his son i.e., accused No.1 have not demanded any dowry or additional dowry from PW.1 at any point of time. Accused No.2 further stated that he is economically well off and he is owning one house and two plots in Bidar and four acres of land at Singtham village, SC.No.35/2014144 Telangana State and accused never asked Dr.Rupa to get Rs.20,00,000/- from her father for purchase of plot in Ballari and that on 27.12.2012 at about 06.30 p.m he came to know that Dr.Rupa was in a serious condition and that Dr.Rajesh i.e., accused No.1 also hospitalized on hearing the said news, therefore, accused No.2 & 3
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rushed to Ballari and visited VIMS Hospital, Ballari and it was informed to him that Dr.Rupa i.e., deceased had committed suicide and Dr.Rajesh i.e., accused No.1 after knowing the said fact he became unconscious and was admitted to VIMS Hospital, Ballari and accused No.1 was shocked by the demise of Dr.Rupa and also due to the false complaint given by PW.1 i.e., Shiva Kumar. Accused No.2 finally submitted that accused No.1 to 3 were not responsible for the death of Dr.Rupa. Among these grounds, the accused No.2 has prayed to acquit the accused No.1 to 3."
22. A close perusal of the complaint marked as Exhibit P1 reveals that the complaint was lodged by the father of the deceased, Dr. Roopa, on 28th December 2012 at around 11:30 a.m., against the accused persons. This complaint was registered in Crime No.7 of 2012 for the offences punishable under Section 304B read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
Further, Exhibit P10, the First Information Report (FIR), indicates that the same was submitted to the jurisdictional Magistrate through PW16 at around 2:15 p.m. on the same day. It is noteworthy that the alleged incident in question had occurred approximately 24 hours prior to the lodging of the complaint. However, the prosecution has not provided any plausible explanation for this delay of nearly one full day in
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CRL.A No.100221 of 2020lodging the complaint. In criminal jurisprudence, especially in dowry death cases, unexplained delay in filing the complaint often assumes significance as it may lead to an inference that the complainant and other family members might have had sufficient time to deliberate and fabricate allegations. Such delay creates a shadow of doubt as to the spontaneity and genuineness of the complaint and lends weight to the contention that the complaint may have been filed after due deliberation, possibly to falsely implicate the accused by invoking the stringent provisions of Section 304B of the IPC.
23. The trial Court has correctly noted that PW1, the father of the deceased and the complainant, has not mentioned in his deposition or in the complaint the specific date, time, or place where the alleged dowry was handed over to Accused No.2. Though PW1 alleged that he had given five and ten tolas of gold as dowry, he has neither explained where the gold was purchased from nor produced any receipts or documentary evidence to substantiate the purchase or delivery of such valuable items. It would be reasonable to expect that such a significant financial transaction would be supported by some form of documentary proof, particularly in a case alleging dowry-related offences. PW1 has also stated that he paid
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CRL.A No.100221 of 2020Rs.3,00,000/- in cash to Accused No.2 during the marriage negotiations. However, there is a complete absence of evidence explaining how this amount was arranged. The prosecution has not established whether the amount was withdrawn from a bank, borrowed from friends or relatives, or kept at home. The failure to explain the source of such a substantial amount raises serious questions about the veracity of the allegation. The absence of even basic corroborative evidence renders this part of the prosecution case unconvincing and speculative.
24. Another crucial aspect of the prosecution's case is the alleged purchase of furniture worth Rs.1.50 lakh, purportedly four months prior to the incident, which was allegedly demanded by Accused No.1 for setting up a clinic in Bellary. PW1 claims to have purchased the said furniture at Hyderabad in the presence of one Nazir Saab and to have handed it over to Accused No.1 and the deceased, Dr. Roopa.
In support of this claim, the prosecution has produced Exhibit P25, which includes a bill bearing TIN No.29630647210 and a corresponding cash memo, allegedly evidencing the purchase of furniture worth Rs.1,73,000/- in the name of Patil Shivakumar Gouda, Raichur, dated 10th July 2012. However, on scrutiny, it is evident that the document does not mention the name or
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CRL.A No.100221 of 2020address of the shop from which the furniture was purchased.
More importantly, it does not bear the signature of Accused No.1, nor does it include any component of Value Added Tax (VAT), which would be expected in a genuine commercial transaction. Furthermore, this alleged transaction finds no mention in the initial complaint. The investigating officer has introduced this document at a later stage, but no explanation is provided by the prosecution for its absence in the original narrative. These inconsistencies and omissions cast serious doubt on the authenticity of Exhibit P25. In fact, the stated amount in the document also does not correspond with the oral testimony of PW1. On a holistic appreciation of the evidence on record, including the statements of Accused Nos. 1 and 2 under Section 313 of the Code of Criminal Procedure, it becomes evident that the prosecution's case is marred by contradictions and lacks independent corroboration. The accused have placed relevant documents and explanations that sufficiently rebut the presumptions under Sections 113A and 113B of the Indian Evidence Act, which stand dislodged in the absence of credible and consistent prosecution evidence.
25. It is a well-settled principle of criminal law that every case of suicide cannot ipso facto be construed as
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CRL.A No.100221 of 2020abetment thereof. The Court must carefully examine the circumstances to determine whether the conduct of the accused was of such a nature that it would have compelled a person of ordinary prudence and mental stability to take the extreme step of ending their life. The test to be applied is that of a reasonable person, not that of someone who is hypersensitive or emotionally fragile. In the present case, the prosecution has not brought forth sufficient evidence to prove that the conduct of the accused was so grave or coercive as to drive the deceased to commit suicide. In the absence of cogent evidence establishing a direct nexus between the accused's conduct and the act of suicide, the charge of abetment cannot be sustained.
26. Upon a comprehensive analysis of the oral and documentary evidence on record, we are in agreement with the findings of the learned trial Court. The trial Court has meticulously examined each aspect of the prosecution's case and has rightly held that the prosecution has failed to establish the guilt of the accused beyond reasonable doubt. The decision is supported by sound reasoning, relevant legal principles, and precedents laid down by the Hon'ble Supreme Court, and does not suffer from any perversity or illegality.
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CRL.A No.100221 of 202027. Even upon independent re-appreciation, re-
evaluation, and thorough reconsideration of the entire material on record, this Court is of the considered view that the judgment of acquittal passed by the trial Court is just, proper, and legally sustainable. There is no error, omission, or legal infirmity warranting interference by this Court. Accordingly, Point No.1 is answered in the negative.
Regarding Point No.2:
28. For the aforestated reasons, we proceed to pass the following:
ORDER
(i) Appeal dismissed;
(ii) Judgement and order of acquittal dated 31st October 2019 passed in Sessions Case No.35 of 2014 by the II Additional District & Sessions Judge, at Bellary is confirmed;
(iii) Registry to send the trial court records along with copy of this judgment to the concerned court.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE Sd/-
(G. BASAVARAJA) JUDGE lnn